No charges for neighbor in fatal shooting

By Ana Ley :
May 23, 2013
: Updated: May 23, 2013 7:27pm

A man's body is loaded into a van Thursday morning May 23, 2013 on the 8900 block of Humbledon after he was fatally shot about 12:30 a.m.. Police said the man, believed to be in his mid-20s, was dressed in military-style attire and began making demands to people inside of a duplex and was later shot by a neighbor. Containers labled "anthrax" were found inside of the man's car and after a hazmat crew investigated it was determined no dangerous substances were present.

Photo By John Davenport / San Antonio Express-News

A man's body is loaded into a van in the 8900 block of Hambledon Drive after he was fatally shot. The man had been threatening people inside a home.

Photo By JOHN DAVENPORT/SAN ANTONIO EXPRESS-NEWS

A man's body is removed Thursday morning May 23, 2013 on the 8900 block of Humbledon after he was fatally shot about 12:30 a.m.. Police said the man, believed to be in his mid-20s, was dressed in military-style attire and began making demands to people inside of a duplex and was later shot by a neighbor. Containers labled "anthrax" were found inside of the man's car and after a hazmat crew investigated it was determined no dangerous substances were present.

Photo By JOHN DAVENPORT/SAN ANTONIO EXPRESS-NEWS

Police investigate before a man's body was removed Thursday morning May 23, 2013 on the 8900 block of Humbledon after he was fatally shot about 12:30 a.m.. Police said the man, believed to be in his mid-20s, was dressed in military-style attire and began making demands to people inside of a duplex and was later shot by a neighbor. Containers labled "anthrax" were found inside of the man's car and after a hazmat crew investigated it was determined no dangerous substances were present.

Photo By JOHN DAVENPORT/SAN ANTONIO EXPRESS-NEWS

A man's body is removed Thursday morning May 23, 2013 on the 8900 block of Humbledon after he was fatally shot about 12:30 a.m.. Police said the man, believed to be in his mid-20s, was dressed in military-style attire and began making demands to people inside of a duplex and was later shot by a neighbor. Containers labled "anthrax" were found inside of the man's car and after a hazmat crew investigated it was determined no dangerous substances were present.

A man who fatally shot an armed intruder in his driveway early Thursday won't be charged because he was protecting his neighbor, police said.

Sgt. Richard Fischer said the intruder, believed to be in his mid-20s, was “uniquely dressed” in a bulletproof vest and what was described as military-style attire when he showed up about 12:30 a.m. Thursday at the home in the 8900 block of Hambledon Drive on the West Side.

The intruder said he planned to “get someone” at the home before he pointed the gun at a group of people inside, demanding money and a TV, officer Roger Zuniga said in a prepared statement.

As the intruder walked out of the home's garage, a neighbor next door who heard the commotion went outside and shot him at least once in the face.

When police arrived, the intruder's white car was parked in the middle of the street with the trunk open, and there was a box labeled with the words “anthrax inside,” the statement said.

The Fire Department's hazardous materials crew was summoned to the location to investigate the contents of the vehicle, and a powder residue was discovered but not found to be dangerous.

Fischer said the criminal investigation was delayed for hours because of the hazmat search.

The shooter was defending his next-door neighbor, Zuniga said, adding that though the investigation is ongoing, he likely will not be charged with a crime.

Texas law allows deadly force against intruders and thieves to protect lives and property — even a third person's.

Deadly force is justified when immediate intervention is necessary to protect a third person, according to the Texas Penal Code.

Deadly force also is justified against those who appear to be committing crimes ranging from assault, robbery and even criminal mischief, or if they are fleeing after committing such offenses.

Thursday's shooting was a shock for nearby resident Rhiannon Blount, who said children frequently play outside until dusk in the neighborhood.

Blount said she heard about four gunshots and saw blue flashes of lights during the shooting.

“It's sad,” Blount said as she watched as investigators place a tarp over the intruder's bloody corpse. The intruder “probably would have shot (the residents), but it's still a human life.”

A thick trail of blood trickled down the driveway past the family's vehicles, nearly reaching the street.

James Leech, who woke up to the gunshots a few houses away, said the neighbor who fired appeared to be within his rights.

“I'm a firm believer in having guns in the house,” said Leech, who keeps one in his own home for protection. “I like being able to protect my two kids and my wife.”

If someone were to break into his own home, Leech said, he'd likely fire a warning shot first.